Thursday, December 1, 2016

Court Action of Henry the Immigrant Against Alexander Swan

Present Day Lancaster County Courthouse (2004)
I have seen several transcriptions of the 1706/1707 court action of Henry the Immigrant against Alexander Swan, but often they are incorrect or incomplete. Below is my own exact (to the extent possible) transcription, archaic spelling and all, taken from the original record at the Lancaster County court house. Brackets enclose my comments, "(er)" stands for a special symbol used by the Lancaster clerk for the letters "er," "y" is the thorn when used in "ye" (The). The year of 1707 in the reference is from the Gregorian Calendar. The record actually gives a year of 1706 for the court proceedings. 

Court of 12 Mar 1707, Lancaster County, Virginia, Order Book 5, 1690-1713, pp. 168A-168B.
Att a Court held for Lancaster County the 12th day of March 1706/7 att ye Court House there from her Majts [Majesty’s] Justices (viz)
Capt. Henry Fleet                       Capt Alexd(er) Swan
Maj Edwin Lyler                       Capt Richd Ball
Capt Wm Ball                            m(er) Tho: Carter
 . . .
[Margin] Tapscott Swan
Whereas Henry Tapscott Exhibited a Peticon [Petition] to this Court ag(ent) [against] Alexdr Swan And in ye sd peticon Sett forth that he ye sd Henery came into this Country und(er) the tuition of Capt. Jeffry Baylie in the ship in the ship [sic] Wm. & Orian a free passenger on ye 12th day of Jan(er)y Last was seaven years and being desirous to stay in ye Country ye sd Jeffery Baylie condescended to lett yo(er) pet(er) [petitioner] stay with Capt Swan who writt Letters to yo(er) Pet(er)s mother to give her Consent that yo(er) pet(er) should be with him until yo(er) Pet(er) arived to one & twenty yeares of age And the sd Capt. Alexd(er) Swan caused Indentures to be made for Eight yeares and procured yo(er) pet(er)s consent to Signe ye same And now detaines yo(er) pet(er) A servant without ye Consent of ye(er) pet(er)s mother to his great prejudice as appeares by Letters from und(er) her own hand. Wherfore yo(er) petr being ordered to come home for England, by his mother, He therefore humbly prays that ye sd Capt. Alexd(er) Swan may be Cited to this Court to shew Cause if any he can why he detaines yo(er) pet(er) & that thereupon yo(er) Worships will please to ord(er) him to be discharged from the servis of the sd Swan and to allow him for his servis what yo(er) worships in yo(er) Consideracon shall think meet & Convenient And the sd Capt Alexd(er) Swan being present att Court att ye reading of ye sd peticon Appeared agt: ye sd Henery and produced the Indenture aforesd :for ye terme aforesd: Certified und(er) the hand of major Wm Lister one of her Majts Justices for the sd County of the free consent of the sd Henery thereto. And upon all the arguments insisted upon on both sides. It appeareing at ye Court that ye mother of ye sd Henery confided in ye sd Alexd(er) Swan that ye sd Hen(er)y should serve no Longer than twenty one years as appeares by her Letter dated Febry the 27th 1706 by which Letter it alsoe appeares that ye sd Henry was of the age of twenty one years ye 27th of August last past And further that forasmuch as ye sd Indenture expressed noe consideracon for the servis of the sd Henery It is therefore ordered that ye sd Henry be henceforth discharged from the servis of the sd Alexd(er) Swan claimed by virtue of the sd Indenture
From which ord(er) the sd Alexd(er) Swan appeales to ye ninth day of the next Gen(er): [General] Court to be held by Her Majestys Hon(er)able president & Councile of state at the Royale Capittole in ye Citty of Williamsburgh and hath given security to conform to ye Laws in that case made & provided un(er) Jno. Torbervill serving.

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